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1984 Supreme(Ori) 79

G.B.PATTANAIK, P.C.MISRA
MOHANLAL MODI – Appellant
Versus
JADUNATH MOHAPATRA – Respondent


Advocates Appeared:
G.P.MOHAPATRA, K.Nayak, M.JAIN, R.SAHU, S.K.Nayak, S.Mishra

MISRA, J.

( 1 ) THE petitioners are tenants in respect of a shop house situated within the Municipal area of Balasore town who have been directed to vacate the house by the Chief Judicial Magistrate, Balasore, as the appellate authority under the House Rent Control Act.

( 2 ) THE Opposite Parties filed H. R. C. Case No. 2 of 1977 in the Court of the House Rent Controller, Balasore, against the present petitioners praying for their eviction. It was alleged in the petition under S. 7 of the Act that the disputed house belonged to the father of the present O. P. No. 1 and he inherited the same from his father as his sole heir. It was further alleged that the present O. P. No. 1 inducted the present petitioner No. 1 as a tenant on a monthly rent of Rs. 20/- which was subsequently enhanced to Rs. 30/- since Jan. 1967. The present Opposite Parties also alleged that the house rent for the period from Oct. 1973 till Jan. 1974 has been outstanding as arrears and, therefore, the tenants are wilful defaulters in the matter of payment of monthly rent. Eviction was sought also on the ground of bona fide requirement by the landlord himself alleging that his second son requires the disputed hou









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